Right to Education

Every woman, man, youth and child has the human right to education, training and information, and to other fundamental human rights dependent upon realization of the human right to education. The human right of all persons to education is explicitly set out in the Universal Declaration of Human Rights, the International Covenants, the Convention on the Rights of the Child and other widely adhered to international human rights treaties and Declarations – powerful tools that must be put to use in realizing the human right to education for all. The human right to education entitles every woman, man, youth and child to:

The human right to free and compulsory elementary education and to readily available forms of secondary and higher education.

• The human right to freedom from discrimination in all areas and levels of education, and to equal access to continuing education and vocational training.
• The human right to information about health, nutrition, reproduction and family planning.

The human right to education is inextricably linked to other fundamental human rights – rights that are universal, indivisible, interconnected and interdependent including:

• The human right to equality between men and women and to equal partnership in the family and society.
• The human right to work and receive wages that contribute to an adequate standard of living.
• The human right to freedom of thought, conscience, religion and belief.
• The human right to an adequate standard of living.
• The human right to participate in shaping decisions and policies affecting ones community, at the local, national and international levels.

Governments’ Obligations

There are some important international human rights instruments which guarantee everyone the human right to education. They include excerpts from the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, and the Convention against Discrimination in Education.

“Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit…. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among … racial or religious groups….”
–Universal Declaration of Human Rights, Article 26

“The States Parties … recognize the right of everyone to education…. Education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among … racial, ethnic or religious groups…. Primary education shall be compulsory and available free to all… Secondary education … including technical and vocational secondary education, shall be made generally available and accessible to all…. Higher education shall be made equally accessible to all….”
–International Covenant on Economic, Social and Cultural Rights, Article 13

“States Parties shall … eliminate discrimination against women in order to ensure to them equal rights with men in the field of education … to ensure, on a basis of equality of men and women … the same conditions for career and vocational guidance, for access to studies … in educational establishments of all categories…; this equality shall be ensured in preschool, general, technical, professional and higher technical education, as well as in all types of vocational training. Access to the same curricula, … teaching staff…; The elimination of any stereotyped concept of the roles of man and women at all levels and in all forms of education…; the same opportunities to benefit from scholarships…; The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes…. Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning…. States Parties shall … eliminate discrimination against women in rural areas … and … ensure to such women the right … to obtain all types of training and education, formal and non-formal, including that relating to functional literacy….”
–Convention on the Elimination of All Forms of Discrimination Against Women, Articles 10 and 14

“States Parties undertake to prohibit and to eliminate racial discrimination … and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law … in the enjoyment of … the right to education and training….”
–Convention on the Elimination of All Forms of Racial Discrimination, Article 5

“States Parties recognize the right of the child to education, and … shall … make primary education compulsory and available free to all; … make [secondary education] available and accessible to every child…; make higher education accessible to all…; make educational and vocational information and guidance available and accessible to all children…; take measures to encourage regular attendance at schools and the reduction of drop-out rates…. States Parties agree that the education of the child shall be directed to: … the development of the child=s personality, talents and mental and physical abilities to their fullest potential; the development of respect for human rights…; the development of respect for the child’s parents, his or her own cultural identity, language and values….”
–Convention on the Rights of the Child, Articles 28 and 29

“The States Parties … undertake … to … discontinue any … practices which involve discrimination in education….; to formulate, develop and apply a national policy which … will …… promote equality of opportunity and of treatment in … education and in particular:…To make primary education free and compulsory; make secondary education in its different forms available and accessible to all; make higher education equally accessible to all on the basis of individual capacity; assure compliance by all with the obligation to attend school prescribed by law…; To encourage and intensify … the education of persons who have not received any primary education or who have not completed the entire primary education…. It is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and … the use or the teaching of their own language….”
–Convention against Discrimination in Education, Articles 3, 4, and 5

Government Commitments

Many Governments around the world including our own have made commitments to ensuring the realization of the human right to education for all. These commitments include commitments made at the Earth Summit in Rio, the World Summit for Social Development in Copenhagen, the World Conference on Women in Beijing, and the Habitat II conference in Istanbul, and excerpts from the World Declaration on Education for All, and the Amman Affirmation.

“Education … should be recognized as a process by which human beings and societies can reach their fullest potential. Education is critical for promoting sustainable development and improving the capacity of the people to address environment and development issues…. Governments should take active steps to … eliminate illiteracy … and to expand the enrolment of women … in educational institutions, to promote the goal of universal access to primary and secondary education….”
–Agenda 21, Chapter 36, para. 3; Chapter 3, para. 2; Chapter 24, para. 3

“We commit ourselves to … the goals of universal and equitable access to quality education … making particular efforts to rectify inequalities relating to social conditions and without distinction as to race, national origin, gender, age or disability…. We will: Formulate and strengthen … strategies for the eradication of illiteracy and universalization of … early childhood education, primary education and education for the illiterate…; Emphasize lifelong learning by seeking to improve the quality of education to ensure that people of all ages are provided with useful knowledge, reasoning ability, skills, and the ethical and social values required to develop their full capacities in health and dignity and to participate fully in the social, economic and political process of development….”
–Copenhagen Declaration, Commitment 6

“Education is a human right and an essential tool for achieving the goals of equality, development and peace…. Actions to be taken: … Advance the goal of equal access to education by taking measures to eliminate discrimination in education at all levels on the basis of gender, race, language, religion, national origin, age or disability, or any other form of discrimination …. By the year 2000, provide universal access to basic education and ensure completion of primary education by at least 80 per cent of primary school-age children; close the gender gap in primary and secondary school education by the year 2005; provide universal primary education in all countries before the year 2015…. Reduce the female illiteracy rate to at least half its 1990 level…. [Ensure] that women have equal access to career development, training…. Improve … quality of education and … equal … access … to ensure that women of all ages can acquire the knowledge, capacities, … skills … needed to develop and to participate fully … in the process of … development….”
–Beijing Platform for Action, paras. 69, 80, 81, and 82

“We … commit ourselves to promoting and attaining the goals of universal and equal access to quality education,… making particular efforts to rectify inequalities relating to social and economic conditions … without distinction as to race, national origin, gender, age, or disability, respecting and promoting our common and particular cultures. Quality education for all [is] fundamental to ensuring that people of all ages are able to develop their full capacities … and to participate fully in the social, economic and political processes of human settlements…. We … commit ourselves to … Promoting … appropriate facilities for … education, combating segregation and discriminatory and other exclusionary policies and practices, and recognizing and respecting the rights of all, especially of women, children, persons with disabilities, people living in poverty and those belonging to vulnerable and disadvantaged groups….”
–Habitat Agenda, paras. 2.36 and 3.43

“… Education is a fundamental right for all people, women and men, of all ages, throughout the world…. Every person — child, youth and adult — shall be able to benefit from educational opportunities designed to meet their basic learning needs…. to be able to survive, to develop their full capacities, to live and work in dignity…. to improve the quality of their lives, to make informed decisions….”
– World Declaration on Education for All, Preamble and Article 1

“Education is empowerment. It is the key to establishing and reinforcing democracy, to development which is both sustainable and humane and to peace founded upon mutual respect and social justice. Indeed, in a world in which creativity and knowledge play an ever greater role, the right to education is nothing less than the right to participate in the life of the modern world.”
– Amman Affirmation, 1996

Plight of Child Education in Nepal

The National Education Planning Commission was founded in 1954, the All Round National Education Committee in 1961, and the National Education Advisory Board in 1968 in order to implement and to refine the education system. In 1971 the New Education System came into operation as an integral part of the Fourth Five-Year Plan (1970-75) of His Majesty’s Government of Nepal; it was designed to address individual, as well as societal, needs in concert with the goals of national development.

Formal schooling in modern times was still constrained by the economy and culture. Children were generally needed to work in the fields and at home. Many students began school late (at ages nine or ten); more than half left school after completing only one year. Educating females was viewed as unnecessary; as a consequence, their enrollment levels were far lower than those of males. Regional variations often hindered the effectiveness of uniform text materials and teacher training. Although the government was relatively successful in establishing new schools, the quality of education remained low, particularly in remote regions where the majority of the population lived. Terrain further inhibited management and supervision of schools.

Most schools operated for ten months of the year, five and one half days a week. In the warmer regions, June and July were vacation months; in the northern regions, mid-December through mid February were vacation months. All schools in Kathmandu closed for winter vacation.

In 1975 primary education was made free, and the government became responsible for providing school facilities, teachers, and educational materials. Primary schooling was compulsory; it began at age six and lasted for five years. Secondary education began at age eleven and lasted another five years in two cycles–two years (lower) and three years (higher). Total school enrollment was approximately 52 percent of school-age children (approximately 70 percent of school-age boys, 30 percent of school-age girls) in 1984. Secondary school enrollment was only 18 percent of the relevant age-group (27 percent of the total boys, 9 percent of the total girls). About 72 percent of all students were male. The Ministry of Education supervised the finance, administration, staffing, and inspection of government schools. It also inspected private schools that received government subsidies.

As of 1987, Nepal had 12,491 primary schools, 3,824 lower secondary schools, and 1,501 higher-secondary schools. There were 55,207 primary, 11,744 lower-secondary, and 8,918 higher-secondary schoolteachers. Primary school enrollments totaled 1,952,504 persons; lower-secondary and higher-secondary enrollment figures stood at 289,594 and 289,923 persons, respectively.

Curriculum was greatly influenced by United States models, and it was developed with assistance from the United Nations Educational, Scientific, and Cultural Organization. The National Education Plan established a framework for universal education. The goal of primary education was to teach reading, writing, and arithmetic, and to instill discipline and hygiene. Lower-secondary education emphasized character formation, a positive attitude toward manual labor, and perseverance. Higher-secondary education stressed manpower requirements and preparation for higher education. National development goals were emphasized through the curriculum.

The School Leaving Certificate examination, a nationally administered and monitored high-school-matriculation examination, was given after completion of the higher-secondary level. Those who passed this examination were eligible for college. In addition, some communities had adult education schools.

In the early 1980s, approximately 60 percent of the primary school teachers and 35 percent of secondary school teachers were untrained, despite the institution of a uniform method of training in 1951. The Institute of Education, part of Tribhuvan University, was responsible for inservice and preservice teacher training programs. Beginning in 1976, the institute organized a distancelearning program – electronic links between distant locations – for prospective teachers. Developments in telecommunications will provide new educational options.

At the higher education level, there was only one doctoral degree-granting institution in Nepal, Tribhuvan University. It was named after King Tribhuvan Bir Bikram Shah, the grandfather of King Birendra, and was chartered in 1959. All public colleges fell under Tribhuvan University. Private colleges were operated independently, although they also were required to meet the requirements and standards set by Tribhuvan University. The total number of colleges increased significantly, from 8 in 1958 to 132 in 1988 (69 under Tribhuvan University and 63 private colleges). In terms of subjects, these colleges covered a wide range of disciplines, such as social sciences; humanities; commerce (business); physical sciences, including some medical sciences; engineering; education; forestry; law; and Sanskrit.

The number of students enrolled in higher education institutions totaled almost 83,000 in 1987; the largest percentage was in humanities and social sciences (40 percent), followed by commerce (31 percent), science and technology (11 percent), and education (6 percent). Approximately 20 percent of the students enrolled in Tribhuvan University were females.

The 1981 census found 24 percent of the population to be literate; as of 1990, the literacy rate was estimated to be 33 percent. There still was a big gap between male and female literacy rates. About 35 percent of the male population was literate in 1981, but only 11.5 percent of the female population was. A gulf also existed in literacy rates between rural and urban areas. In rural areas, the literacy rates for males and females were 33 percent and 9 percent, respectively; in urban areas, they were significantly higher, 62 percent and 37 percent, respectively. The higher literacy rates in urban areas were largely attributed to the availability of more and better educational opportunities, a greater awareness of the need for education for employment and socioeconomic mobility, and the exodus of educated people from rural to urban areas. Nepal launched a twelve-year literacy program in 1990, targeting 8 million people between the ages of six and forty-five.

There was little doubt among observers that the historical monopoly of educational opportunity by members of the wealthier and higher caste groups gradually was diminishing. Schools and colleges were open to all, and enrollment figures were rising rapidly. The long-standing prejudice against the education of women seemed to be very slowly breaking down, as attested to by increasing enrollments of girls in schools and colleges. Yet two distinct biases–social class and geography–remained pronounced in educational attainment.

Despite general accessibility, education still nonetheless primarily served children of landlords, businessmen, government leaders, or other elite members of the society, for they were the only ones who could easily afford to continue beyond primary school. They also were far more able to afford, and likely to continue, education beyond the high school level. Many students in the general population dropped out before they took the School Leaving Certificate examination. There was an even more important ingredient for success after leaving school: if the quality of available higher education was considered inadequate or inferior, higher caste families could afford to send their children overseas to obtain necessary degrees. Foreign educational degrees, especially those obtained from American and West European institutions, carried greater prestige than degrees from Nepal. Higher caste families also had the necessary connections to receive government scholorships to study abroad.

Further, education remained largely urban-biased. The majority of education institutions, particularly better quality institutions, were found in urban areas. In rural areas where schools were set up, the quality of instruction was inferior, facilities were very poor, and educational materials were either difficult to find or virtually unavailable. Consequently, if rural families were serious about the education of their children, they were forced to send them to urban areas, a very expensive proposition that the vast majority of rural households could not afford.

Although there has been a remarkable numerical growth in the literacy rates, as well as the number of education institutions over the years, the quality of education has not necessarily improved. There were few top-notch teachers and professors, and their morale was low. At the higher educational level, the research focus or tradition was virtually absent, largely because there were few research facilities available for professors. There were some excellent private schools, mostly located in the Kathmandu Valley, but many appeared to be merely money-making ventures rather than serious, devoted educational enterprises. The large majority of schools and colleges were run by poorly prepared and poorly trained teachers and professors. Schools and colleges frequently were closed because of strikes. Students had little respect for teachers and professors and were concerned with obtaining a certificate rather than a quality education. Cheating was rampant during examinations at all levels.

Written By:Eugene Boyko

The story of girl who have to sacrify her desire for education.

Kusum Tamang the 14 years girl living in Dhulikhel,Nepal has to changed her life because of her father deed.She has four sister and a mother who is  going to deliver one more new baby.For many years she is living normal life with her family.Both of her father and mother they work in daily wages basic.What their parent earn for one day is the source of eating of whole family.Her father always seek son rather than girl.


One day her father left the family and married to the next women.Her mother is pregnant and unable to work which was only the source of family income .Because of this thing she had left her education which was supported by education for poor project.Currently,her scholarship has shifted to her sister .She is working as a dish washer in one of the hotel near kathmandu university. One of the founder member of education for poor Johann steiner try to help her by giving money earn by her doing work in hotel and re-join school ,but she has to  leave  her education anyway since she needs to take care of her mother after baby delivery so she refuses the help .Her all sisters are small who are not unable to work so she doesn't get any physical support either.

This is one of the story of girl but you can find more children who are washing dishes in hotel,working as conductor in bus. And their story is not much different like her.Education For Poor has been supporting such type of children for their education.